Item 4(vi) LRB-2023-04

Perth and Kinross Council · 13 March 2023
Back to Local Review Body — 13 March 2023 and its agenda

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4(vi)
LRB-2023-04
LRB-2023-04
22/01488/FLL – Alterations to dwellinghouse, Birnam
Cottage, Perth Road, Birnam, Dunkeld, PH8 0AA
INDEX
(a) Papers submitted by the Applicant (Pages 347-374)
(b) Decision Notice (Pages 377-378)
Report of Handling (Pages 379-385)
Reference Documents (Pages 387-390)
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4(vi)(a)
LRB-2023-04
LRB-2023-04
22/01488/FLL – Alterations to dwellinghouse, Birnam
Cottage, Perth Road, Birnam, Dunkeld, PH8 0AA
PAPERS SUBMITTED
BY THE
APPLICANT
347

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4(vi)(b)
LRB-2023-04
LRB-2023-04
22/01488/FLL – Alterations to dwellinghouse, Birnam
Cottage, Perth Road, Birnam, Dunkeld, PH8 0AA
PLANNING DECISION NOTICE
REPORT OF HANDLING
REFERENCE DOCUMENTS 
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REPORT OF HANDLING
DELEGATED REPORT
Ref No 22/01488/FLL
Ward No P5- Strathtay
Due Determination Date 8th November 2022 
Draft Report Date 4th November 2022
Report Issued by KS Date  4th November 2022
PROPOSAL: Alterations to dwellinghouse
LOCATION: Birnam Cottage Perth Road Birnam Dunkeld PH8
0AA
SUMMARY:
This report recommends refusal of the application as the development is considered
to be contrary to the relevant provisions of the Development Plan and there are no
material considerations apparent which justify setting aside the Development Plan.
BACKGROUND AND DESCRIPTION OF PROPOSAL
Birnam Cottage is a category C-listed building (HES ref LB11086), which is located
on Perth Road, within the Birnam conservation area. This detailed application seeks
listed building consent for alterations, to install roof light windows and to replace the
slated roof covering.
SITE HISTORY
22/01612/LBC Alterations
Application Refused – 28 October 2022
PRE-APPLICATION CONSULTATION
Pre application Reference:  Not Applicable.
NATIONAL POLICY AND GUIDANCE
The Scottish Government expresses its planning policies through The National
Planning Framework, the Scottish Planning Policy (SPP), Planning Advice Notes
(PAN), Creating Places, Designing Streets, National Roads Development Guide and
a series of Circulars.
Planning Policy (2014) Listed Buildings (paragraph 141) states that;
“Change to a listed building should be managed to protect its special interest while
enabling it to remain in active use. Where planning permission and listed building
consent are sought for development to, or affecting, a listed building, special regard
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must be given to the importance of preserving and enhancing the building, its setting
and any features of special architectural or historic interest.
The layout, design, materials, scale, siting and use of any development which will
affect a listed building should be appropriate to the character and appearance of the
building and setting. Listed buildings should be protected from demolition or other
work that would adversely affect it or its setting”.
Scottish Planning Policy (2014), Conservation Areas (paragraph 143), states that;
“Proposals for development within conservation areas should preserve or enhance
the character and appearance of the conservation area. Proposals that do not harm
the character or appearance of the conservation area should be treated as
preserving its character or appearance”.
Historic Environment Scotland “Managing Change in the Historic Environment:
Roofs” states that:
“The roof and associated features of a historic building, or group of historic buildings,
form important elements in defining their character… In planning works to a roof it is
important to understand its contribution to the building’s character and to protect the
special interest of the building through the re-use of existing historic materials and
close matching of new materials.
Alterations and repairs to roofs and their associated features should protect the
character of the historic building. The contribution of the roof to that character should
therefore be understood before considering how to alter the building. A brief written
analysis of the character of the building and the area of change will always be helpful
in assessing proposals. The proposed alterations should take account of this
analysis in specifying appropriate designs, materials and working methods.
Wherever possible the repair of historic roofs should be carried out in traditional
materials to match the existing. Replication of the type, dimensions, pattern and
coursing of materials is important to maintaining the character of the roof.
It is recognised that Scottish slate is not currently in production and that second-
hand supplies are limited. Where possible, existing slates should be re-dressed and
reused. If it is necessary to specify new natural slate, regard should be given to
finding the best modern equivalent in terms of colour, thickness, weight and texture
of slate. If new slate is needed to make up a shortfall, it should be laid in the same
way in terms of graded lengths and random widths, and older slates should be
consolidated in more conspicuous parts of the roof”.
DEVELOPMENT PLAN
The Development Plan for the area comprises the TAYplan Strategic Development
Plan 2016-2036 and the Perth and Kinross Local Development Plan 2 (2019).
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TAYplan Strategic Development Plan 2016 – 2036 - Approved October 2017
Policy 2: “Shaping Better Quality Places” states that proposals should be;
“Place-led to deliver distinctive places by ensuring that the arrangement, layout,
design, density and mix of development are shaped through incorporating and
enhancing natural and historic assets, natural processes, the multiple roles of
infrastructure and networks, and local design context”.
Policy 9: “Managing TayPlan’s Assets” states that proposals should;
“Safeguard the integrity of natural and historic assets, understanding and respecting
the regional distinctiveness and scenic value of the TAYplan area through
safeguarding the integrity of natural and historic assets, including… townscapes and
historic buildings”.
Perth and Kinross Local Development Plan 2 – Adopted November 2019
The Local Development Plan 2 (LDP2) is the most recent statement of Council policy
and is augmented by Supplementary Guidance. The principal policies are:
Policy 1A: Placemaking  
Policy 1B: Placemaking  
Policy 17: Residential Areas  
Policy 27A: Listed Buildings  
Policy 28A: Conservation Areas:  New Development
Policy 38B: Environment and Conservation  : National Designations
OTHER POLICIES AND GUIDANCE
Perth and Kinross Placemaking Guide, 2020.
INTERNAL COMMENTS
Conservation Team
Internal discussion raised concerns over the lack of a roof condition survey and the
wholesale replacement of the existing Scotch slate roof covering (which is laid in
diminishing courses) in Spanish slate (with regular coursing).
REPRESENTATIONS
No letters of representation have been received in relation to this proposal.
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ADDITIONAL STATEMENTS
Screening Opinion  EIA Not Required
Environmental Impact Assessment (EIA):
Environmental Report
Not Applicable
Appropriate Assessment Habitats Regulations –
AA Not Required
Design Statement or Design and Access
Statement
Not Required
Report on Impact or Potential Impact eg Flood
Risk Assessment
Not Required
APPRAISAL
Sections 25 and 37 (2) of the Town and Country Planning (Scotland) Act 1997
require that planning decisions be made in accordance with the development plan
unless material considerations indicate otherwise.  The Development Plan for the
area comprises the approved TAYplan and the adopted LDP2.
In this instance, section 14(2) of the Planning (Listed Buildings and Conservation
Areas) (Scotland) Act 1997 places a duty on planning authorities in determining such
an application as this to have special regard to the desirability of preserving the
building or its setting or any features of special architectural or historic interest which
it possesses.
Section 64(1) of the Planning (Listed Buildings and Conservation Areas) (Scotland)
Act 1997 is relevant and requires planning authorities to pay special attention to the
desirability of preserving or enhancing the character or appearance of the
designated conservation area.
The determining issues in this case are whether; the proposal complies with
development plan policy; or if there are any other material considerations which
justify a departure from policy.
Policy Appraisal
Alterations to an existing domestic dwellinghouse are generally considered to be
acceptable in principle. Nevertheless, consideration must be given to the specific
details of the proposed development, within the context of the application site, and
whether it would have an adverse impact upon visual amenity, the character and
appearance of the conservation area or the special interest of the category C-listed
building.
Design and Layout
Birnam Cottage is a category C-listed building (HES ref LB11086), which forms part
of the group of historically significant buildings at Ladywell Cottages. The property is
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also located within the Birnam conservation area. This application seeks detailed
planning permission for alterations to the roof.
Two rooflight windows are proposed, which are of minimal proportions, conservation
specification, fitted flush with the roof and vertically aligned above ground floor
windows. The number, proportions, position and specification of the roof light
windows does not raise any cause for concern.
It is also proposed to replace the slated roof covering. The existing roof covering
comprises Scottish slate, which has varying widths and is laid in diminishing courses.
The laying of the locally sourced slate in this irregular manner makes a strong
contribution to the character and special interest of the category C-listed building.
This local vernacular also makes a positive contribution to the character and
appearance of the conservation area. The proposed replacement roof covering is
heavy Spanish slate, of regular width and coursing, measuring 350mm x 200mm
each.
Visual Amenity and Conservation Considerations
There is a presumption in favour of the retention of historic fabric in a listed building,
as this is the best method of preserving its character and special interest. The
starting point in the assessment of an application is therefore whether the proposed
alterations are justified.
The applicant was advised at pre-application stage that any application should be
accompanied by a roof condition survey which assesses the condition of the roof.
This would establish the extent of work required and quantify the amount of slate
which is capable of being re-used. Advice was also given that any re-used slates
should be consolidated onto the principal elevation and that any shortfall in slates
should be made up on the rear elevation with an appropriate specification of slate, in
terms of source, thickness and colour, laid in similarly diminishing courses and
varying widths.
Unfortunately, the application has been submitted without a roof condition survey.
Therefore, it has not been demonstrated that there is a requirement to replace the
entire roof covering, which benefits from statutory protection, as is proposed in this
application.
Additionally, the proposed specification of Spanish slate can sometimes be
acceptable in cases where the removal of the existing roof covering is fully justified,
in limited quantities and preferably on secondary elevations, providing that its
coursing and width is appropriate. However, the proposal seeks to install Spanish
slate of regular width and coursing on both the rear and principal elevations. This
would create a uniform appearance which is out of character with the listed building
and does not have due regard to its special interest.
Accordingly, the proposed alterations lack justification, and the regular width and
coursing of the proposed Spanish slate is out of character and does not have due
regard to the special interest of the listed building or the character and appearance
of the conservation area.
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Approval would therefore be contrary to Paragraphs 141 and 143 of Scottish
Planning Policy 2014, Historic Environment Scotland "Managing Change in the
Historic Environment: Roofs", Policies 2 and 9 of TayPlan 2017 and Policies 1A,
1Bc, 17c, 27A and 28A of Perth and Kinross Local Development Plan 2, 2019, which
seek to ensure that alterations respect the amenity of the place, the character and
appearance of the conservation area and the special interest of the listed building.
Landscape
The application site is located within the River Tay National Scenic Area, where
Policy 38B of Perth and Kinross Local Development Plan 2 2019 applies. However,
due to the domestic scale and nature of the proposed development, it does not raise
any significant landscape impact issues and the impact would be limited to a
localised level.
Developer Contributions
The Developer Contributions Guidance is not applicable to this application and
therefore no contributions are required in this instance.
Economic Impact
The economic impact of the proposal is likely to be minimal and limited to the
construction phase of the development.
PLANNING OBLIGATIONS AND LEGAL AGREEMENTS
None required.  
DIRECTION BY SCOTTISH MINISTERS
None applicable to this proposal.
CONCLUSION AND REASONS FOR DECISION
To conclude, the application must be determined in accordance with the adopted
Development Plan unless material considerations indicate otherwise.  In this respect,
the proposal is considered to be contrary to the Development Plan.  Account has
been taken of the relevant material considerations and none has been found that
would justify overriding the adopted Development Plan. Accordingly the proposal is
refused on the grounds identified below.
Reasons for Refusal
1 No roof survey has been submitted which analyses the condition of the roof,
the extent of work required and what scope there is for the re-use of existing
Scottish slate. Accordingly, the submission fails to justify the proposed works
and it does not respect the special interest of the category C-listed building.
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Approval would therefore be contrary to Paragraphs 141 and 143 of Scottish
Planning Policy 2014, Historic Environment Scotland "Managing Change in
the Historic Environment: Roofs", Policies 2 and 9 of TayPlan 2017 and
Policies 1A, 1Bc, 17c, 27A and 28A of Perth and Kinross Local Development
Plan 2, 2019, which seek to ensure that alterations respect the amenity of the
place, the character and appearance of the conservation area and the special
interest of the listed building.
2 The proposed Spanish slate, being laid in regular width and coursing of
350mm x 200mm on both the rear and principal elevations, would not be
respectful to the irregular width and coursing which characterises the existing
Scottish slate roof.
Approval would therefore be contrary to Paragraphs 141 and 143 of Scottish
Planning Policy 2014, Historic Environment Scotland "Managing Change in
the Historic Environment: Roofs", Policies 2 and 9 of TayPlan 2017 and
Policies 1A, 1Bc, 17c, 27A and 28A of Perth and Kinross Local Development
Plan 2, 2019, which seek to ensure that alterations respect the amenity of the
place, the character and appearance of the conservation area and the special
interest of the listed building.
Justification
The proposal is not in accordance with the Development Plan and there are no
material reasons which justify departing from the Development Plan.
Informative Notes
1 Any re-submission should also be accompanied by a Bat Survey. For further
information, please see our "Bat Surveys" guidance, which is available at the
following link https://www.pkc.gov.uk/media/48426/Bat-Survey-Guidance-
2021/pdf/PKC_2021_Bat_Surveys.pdf?m=637624517417170000
Procedural Notes
Not Applicable.
PLANS AND DOCUMENTS RELATING TO THIS DECISION
01
02
03
04
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